$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 202/2024, CM APPL. 43489/2024 MOHD HABIB & ANR. .....Petitioners Through: Mr. Asim, Advocate along with Petitioner Nos. 1 and 2 in person versus SHAGUFTA .....Respondent Through: Mr. Khalid Saleem, Advocate along with Respondent in person CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 22.01.2025 1. The Petitioner No. 1 and 2 and the Respondent are physically present in the Court today. 2. Learned Counsel for the parties submits that the parties have reached an amicable settlement in the matter. 3. Learned Counsel for the Petitioners/tenants, on instructions from the Petitioners/tenants, submits that the Petitioners/tenants shall vacate the tenanted premises on or before 25.04.2025. 4. In lieu of the early vacation of the tenanted premises, the Respondent/landlord has agreed to make payment in the sum of Rs. 2 lakhs to the Petitioners/tenants at the time of vacation of the subject premises by way of demand draft. 5. In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioners/tenants, within three days undertaking that: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:39:28 (i) The Petitioners/tenants shall hand over the physical possession of the premises i.e., one shop bearing no. 761, Ground Floor with Mezanine Floor, Main Road, Farash Khana, Delhi [hereinafter referred to as “subject premises”] on or before 25.04.2025; (ii) The Petitioners/tenants undertakes and confirms that the entire subject premises are under their occupation and control; (iii) The Petitioners/tenants will pay all the utility bills such as electricity and water and any other dues, for the subject premises till the date of handing over of the vacant, physical and peaceful possession thereof; (iv) The Petitioners/tenants undertakes that they will not create any third- party rights or part with possession of the subject premises and that they shall not damage the subject premises in any manner whatsoever prior to its vacation; (v) The Petitioners/tenants shall remain bound by the aforesaid Undertaking. 6. An advance copy of the Undertaking shall be served on the Respondent/landlord. 7. The Respondent/landlord shall also file an Affidavit stating that he would make a payment in the sum of Rs. 2 lakhs to the Petitioner/tenant at the time of the vacation of the subject premises. 8. Subject to the Petitioners/tenants filing the aforegoing Undertaking before this Court within a week from today, execution of the Impugned Order dated 04.06.2024 passed in RC ARC 849/23 [hereinafter referred to as the "Eviction Order"] shall be kept in abeyance until 25.04.2025. 9. In the event that the Petitioners/tenants defaults in complying with the terms of the Undertaking filed, the interim protection granted hereinabove This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:39:28 shall automatically stand dissolved and Respondent/landlord will be at liberty to take recourse to appropriate proceedings for recovery of possession from the Petitioners, in accordance with law. 10. Learned Counsel for the Respondent/landlord is also at liberty to file appropriate proceedings for recovery of rental/user and occupation charges in accordance with law. 11. In view of the aforegoing discussion, the Petition is disposed of. Pending Application stand closed. 12. List for compliance on 20.02.2025 in the Supplementary List. TARA VITASTA GANJU, J JANUARY 22, 2025 g.joshi Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:39:28